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(영문) 부산지방법원 2019.04.12 2018나53733

손해배상(자)

Text

1. Each appeal by the Defendants is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1..

Reasons

1. The reasons for the court's explanation of this case are as follows: "H, the driver of the second vehicle, has a duty of care to drive safely, by accurately operating the steering gear and brakes of the vehicle so that it does not go against the bicycle if it finds in advance any bicycle going around the roadside," which is "H, the driver of the second vehicle, has a duty of care to drive safely by accurately operating the steering gear and brakes of the vehicle," which is "If he finds in advance any bicycle going ahead at the front while driving on the road of the second vehicle, while there are vehicles illegally parked on the roadside, he will show the speed and driving direction of the bicycle, reduce the speed of the vehicle and accurately operating the steering gear, etc." The part of the judgment of the court of first instance 3, 10, 3, 15, 20, 30, 400, 400, 400, 400,000,000,000,000,000).

2. Additional determination

A. As to the Defendants’ respective non-performance of fault, Defendant B asserted that the instant accident occurred due to the Plaintiff’s negligence on the road, which operated a bicycle unreasonably in a situation where vehicles were illegally parked, and that F cannot be deemed as having a duty of care to open the door of the first vehicle by forecasting the Plaintiff’s abnormal operation.

However, in light of the facts acknowledged earlier, if the door of a first vehicle parked in a narrow road of one lane, F has a duty of care to safely take account of the surrounding traffic situation such as whether other vehicles, etc. proceed, speed, direction of progress, etc., but the Plaintiff is negligent in performing such duty of care as above.